DC-14-0002: Land Use Code Text Amendments related to the Floodplain Regulations, Articles 4 and 18 Planning Commission May 21, 2014 DC-14-0002 Land Use Code Floodplain Regulations amendments
Summary of Proposed Changes NO changes to the floodplain maps are proposed at this time • Changes to the definition of “substantial improvement” to “re-start” the clock to track • with 2013 Flood An amendment to the requirement for floodplain development permits • “Clean-up” of the nonconforming use/structure provisions to track with the “SI” changes • Companion changes to the “substantial improvement” and “market value” definitions to • align with FEMA guidance and allow for use of Assessor’s value of a structure Technical updating-type changes • DC-14-0002 Land Use Code Floodplain Regulations amendments
Reason for Proposed Changes to Floodplain Regulations • Increased floodplain permitting activity after the 2013 Flood event has revealed difficulties in administering the existing floodplain regulations • Applying the cumulative provision of the “substantial improvement” (SI) definition has been a major challenge. DC-14-0002 Land Use Code Floodplain Regulations amendments
Calculating Percent Improvement 𝑑𝑑𝑑𝑑 𝑑𝑝 𝑗𝑗𝑗𝑗𝑑𝑗𝑗𝑗𝑗𝑗𝑑 • Percent improvement = 𝑑𝑑𝑗𝑡𝑑𝑑𝑡𝑗𝑗 𝑗𝑤𝑤𝑡𝑗 DC-14-0002 Land Use Code Floodplain Regulations amendments
Cumulative Substantial Improvement Intent = Take a comprehensive look at the improvements that are being made to a • structure over time in order to determine when flood protection (‘floodproofing’) of the entire structure should be required for the safety of the owner and community Implication = If the percent improvements eventually add up to where, • cumulatively, they are 50% or more of the value of the structure, then flood protection/ floodproofing of the entire structure is required – even if only a minor additional improvement is being proposed DC-14-0002 Land Use Code Floodplain Regulations amendments
Why Change Cumulative ‘SI’ ? • Currently, Land Use Code calls for improvements to be tracked back to November 1, 1991. • Data is spotty going back to 1991. DC-14-0002 Land Use Code Floodplain Regulations amendments
Proposed Changes - SI/SD (Art.18-206) Changes to Substantial Improvement/ Substantial Damage Definition Will be calculated on a cumulative basis beginning with improvements begun • on or after September 11, 2013 Percent improvement is calculated as dollar amount of improvement divided • by structure value at the time of the improvement To determine if the amount of work has exceeded 50%, add up all the • percentage improvements DC-14-0002 Land Use Code Floodplain Regulations amendments
Impact on Community Rating System (‘CRS’) • CRS is a voluntary program through FEMA that rewards extra flood safety creation and damage mitigation activities. • CRS ‘class’ determines insurance discount for individuals in Boulder County. • Boulder County is Class 7 with 1,767 points, receives a 15% discount. • Class 7 ranges from 1,500 to 1,999 points. • Resetting start date of tracking percent improvement will cost 30 points. • Loss of 30 points is unlikely to have much impact on CRS class rating. DC-14-0002 Land Use Code Floodplain Regulations amendments
Proposed Changes – Exemptions from FPD (Art. 4-407) Minor Building Permits Exempted from Floodplain Development Permit Requirements Repair/ replacement of furnace, water heaters, air conditioner, • Repair of electrical, • Door, window, roof, and siding replacement, • Renovation or remodel projects that cost less than $750. • Unless increasing the structure’s floor area or footprint, cause a floodplain encroachment, or constitute a substantial improvement. (Art. 4-407F) DC-14-0002 Land Use Code Floodplain Regulations amendments
Nonconforming provisions (Art. 4-408) Simplify Art. 4-408 provisions that govern nonconforming structures and uses in the • floodplain Nonconforming structures / uses (established lawfully before adoption of Art. 4-400) • may be continued as long as: No expansion, improvement, repair, restoration, or replacement unless the work • complies with the floodproofing provisions If not SI, then only constructed or reconstructed portion needs flood protection If SI, then entire structure needs flood protection A change in use of a nonconforming building or structure will require protection of • the entire structure, unless a waiver is granted by the County Engineer DC-14-0002 Land Use Code Floodplain Regulations amendments
SI & Market Value definitions (Art. 18-206A /18-178A) Change to “SI” definition (Art. 18-206A) to reflect how SI calculation has been done • under FEMA’s guidance– which uses the ratio of cost (not the market value) of the proposed improvement, to the overall structure’s market value to derive SI. Delete current requirement that the market value of the improvement be calculated: A. Any cumulative combination of repairs, reconstruction, rehabilitation, expansion, or improvement of a building or other structure, the market value cost of which equals 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. Simpler b/c contractor can provide improvement costs as opposed to hiring an appraiser Add sentence to “Market Value” definition to make clear that Assessor’s actual value • can be used in lieu of an appraisal (Art. 18-178A) DC-14-0002 Land Use Code Floodplain Regulations amendments
Tracking Fix Resetting the clock to make the provision cumulative back to the 2013 Flood event rather than November 1, 1991 will assure that accurate building permit data will be kept comprehensively and accurately from this event on. DC-14-0002 Land Use Code Floodplain Regulations amendments
Accela – Permit Tracking System • Building Permits • Planning Dockets Land Use • Code Enforcement Cases • Floodplain Permits Transportation • Access Permits DC-14-0002 Land Use Code Floodplain Regulations amendments
Mapping • Zoning • Floodplain DC-14-0002 Land Use Code Floodplain Regulations amendments
Parcel Report • Mapping • Accela data • Tax assessment data DC-14-0002 Land Use Code Floodplain Regulations amendments
Parcel Report • Floodplain • Floodplain Development Permits • Substantial Improvement • Substantial Damage DC-14-0002 Land Use Code Floodplain Regulations amendments
Parcel Report • Floodplain • Floodplain Development Permits • Substantial Improvement • Substantial Damage DC-14-0002 Land Use Code Floodplain Regulations amendments
Parcel Report • Floodplain • Floodplain Development Permits • Substantial Improvement • Substantial Damage DC-14-0002 Land Use Code Floodplain Regulations amendments
Parcel Report • Floodplain • Floodplain Development Permits • Substantial Improvement • Substantial Damage DC-14-0002 Land Use Code Floodplain Regulations amendments
Permit value is entered • Building Assessed improvement value is entered Permit • Application Checks if property in Floodplain – if so it is flagged. The customer is • then handed information about obtaining a Floodplain Development Permit. The percent improvement for previous building permits is calculated. • If the sum is over 30% the permit is automatically flagged for further review. DC-14-0002 Land Use Code Floodplain Regulations amendments
Building Permit Application Initial If in floodplain, routes permit to Transportation Zoning • Review for Floodplain Review DC-14-0002 Land Use Code Floodplain Regulations amendments
Building Permit Application Initial Zoning Review Final determination if in Floodplain • Determines whether Floodplain Development • Permit is required – adds condition to permit Floodplain Review Calculates and enters Substantial Improvement • percentage for this permit Enters total Substantial Improvement percentage • for currently on property. Determines if floodproofing required – adds • condition to permit DC-14-0002 Land Use Code Floodplain Regulations amendments
Building Permit Application Initial Zoning Review Floodplain Review Permit not issued until conditions are • Building met – Floodplain Development Permit Permit Issuance DC-14-0002 Land Use Code Floodplain Regulations amendments
Criteria Review & Recommendation Staff met with FEMA and CWCB to discuss the proposed changes on 3/24. Proposed changes were emailed to the LU Code and flood listservs. Staff finds that proposed Land Use Code amendments meet the criteria in Art. 16-100 of the Land Use Code in that: 1. the existing text is in need of the amendment; 2. the amendment is not contrary to the intent and purpose of this Code; 3. the amendment is in accordance with the BCCP Staff recommends that Planning Commission approve and recommend approval of this docket to the Board of County Commissioners . DC-14-0002 Land Use Code Floodplain Regulations amendments
BOCC Public Hearing The Board of County Commissioners is scheduled to review the draft regulations at a public hearing on Thursday May 29, 2014 at 9:00a.m. DC-14-0002 Land Use Code Floodplain Regulations amendments
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